What is the Apricot Lane franchisee's role in the success of the franchised business?
Apricot_Lane Franchise · 2025 FDDAnswer from 2025 FDD Document
r party hereby agree as follows:
SECTION 1: GRANT, LOCATION AND INITIAL FRANCHISE FEE
A. Grant
FRANCHISOR hereby grants to FRANCHISEE, upon the terms and conditions herein contained, the right, franchise and privilege (the "franchise") to use the Mark "APRICOT LANE" as provided hereinafter (the "Designated Mark") and such other Marks as FRANCHISOR may authorize from time to time in the operation of a Specialty Store at a single approved location as provided in Section 1.B below. If a location for the Specialty Stores has not been selected and approved on signing this Agreement, the Designated Mark will be inserted in this Section 1.A no later than when a location is selected and approved as provided under the "Open License" terms and in Section 1.B below. The grant is limited to the right to operate a Specialty Store under the Designated Mark at the location designated in Section 1.B for retail over-the-counter sales to consumers of approved merchandise and services as hereinafter provided and any sales by the Franchised Business through any other means such as at wholesale, by mail order, through catalogs, electronic commerce, any other distribution channel, or at fairs or trade shows is prohibited without the express prior written consent of FRANCHISOR. If FRANCHISOR approves such sales, FRANCHISEE's sales shall comply with all conditions set forth in such consent.
B. Location
| The Franchised Business will be located within the Territory described in Section 2.A of this Agreement. The location for the Franchised Business (the "Premises") shall be: |
|---|
provided that if no specific location has been identified, then FRANCHISEE has an "Open License," which means that FRANCHISEE has a right to establish a Specialty Store in the future at a site mutually agreed upon in a designated geographic area under the terms and conditions
provided for in Exhibit A to this Agreement. Once an agreed location is secured for operation of the Specialty Store, it will be set forth above. FRANCHISEE acknowledges that the franchise awarded by this Agreement is only for the operation of a Franchised Business under the Designated Mark at the location set forth above and at no other location whatsoever. FRANCHISOR and FRANCHISEE expressly agree that if the specific location and Designated Mark for the Franchised Business are not determined at the time this Agreement is signed, that circumstance alone does not and shall not constitute a failure to specify essential terms of this Agreement or cause this Agreement to be unenforceable.
Source: Item 23 — RECEIPTS (FDD pages 51–222)
What This Means (2025 FDD)
According to the 2025 Apricot Lane FDD, the franchisee's role is to operate a specialty store under the Apricot Lane brand, adhering to the standards and systems established by the franchisor. The franchisee is granted the right to use the "APRICOT LANE" mark and other authorized marks for a single, approved location. This grant is specifically for retail over-the-counter sales to consumers of approved merchandise and services. Any other sales methods, such as wholesale or online, are prohibited without the franchisor's express written consent. If approved, these sales must comply with the conditions set by Apricot Lane.
The franchisee must operate the business within the defined territory, which is limited to the mall property if the premises are inside an enclosed mall, or to the geographical area described in Exhibit C for other locations. Apricot Lane will not establish another company-owned, affiliated, or franchised store within the franchisee's territory during the agreement term. However, Apricot Lane retains the right to engage in any business not expressly prohibited, including operating other retail stores under different names or through other distribution channels. The franchisee cannot relocate the business or open additional stores within the territory without Apricot Lane's prior written consent.
The success of the Apricot Lane franchise also depends on the franchisee's compliance with the franchisor's standards and protection of confidential information. The franchisee acknowledges that Apricot Lane reserves the right to vary standards for any franchisee or circumstance, without being required to disclose or grant similar variations to others. Furthermore, the franchisee plays a role in protecting Apricot Lane's intellectual property, particularly concerning the E-Commerce Platform. The franchisee cannot infringe on the copyrights or intellectual property rights of others and must use the E-Commerce Platform solely to support the franchised business, without copying, distributing, or modifying it unless authorized. Apricot Lane is not obligated to maintain the E-Commerce Platform and can remove content at any time, making it crucial for the franchisee to back up their data.